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Opinions Dec. 5, 2011

December 5, 2011
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7th Circuit Court of Appeals had posted no Indiana opinions by IL deadline.

Indiana Court of Appeals
Linzy C. Clark v. State of Indiana
48A04-1104-CR-249
Criminal. Reverses trial court’s denial of Clark’s motion to dismiss the notice of probation violation. After the probation was transferred from Madison County to Tippecanoe County, the Tippecanoe County court held supervisory authority. It received notice of the probation violation, but Madison County – the sentencing court – did not, nor did it file the notice of probation violation within 45 days of receiving the notice of violation.

Jason Jones v. State of Indiana
34A05-1101-CR-66
Criminal. Affirms convictions of Class B felony dealing in methamphetamine and Class B misdemeanor visiting a common nuisance. Holds that the trial court did not abuse its discretion by admitting testimony and photographs in lieu of certain physical evidence that had been destroyed by law enforcement officers in accordance with Indiana Code 35-5-5-5. Further, the trial court did not err by allowing a law enforcement officer to testify as a skilled witness regarding the one-pot reaction method of manufacturing methamphetamine.

Gold C. Washington v. State of Indiana (NFP)
79A02-1105-CR-407
Criminal. Reverses sentences for two convictions of Class D felony battery on a child, holding the court abused its discretion by imposing a sentence greater than allowed by statute. Remands for resentencing.  

Aaron Michael Rohr v. State of Indiana (NFP)
40A01-1102-CR-55
Criminal. Affirms convictions of Class A felony neglect of a dependent resulting in death, Class B felony aggravated battery and Class B felony battery of a child by an adult causing serious bodily injury.

Indiana Supreme Court and Indiana Tax Court had posted no opinions by IL deadline.

Indiana Supreme Court granted transfer in two cases for the week ending Dec. 2.








 

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